MC v Secretary of State for the Home Department: AS/01/10/0986
- Ministry of Justice, HM Courts & Tribunals Service, and First-tier Tribunal (Asylum Support)
- 8 February 2017
- Decision date:
- 24 October 2001
- Section 95 (support for asylum seekers)
- Section 95 - jurisdiction
- Storey, S
- Reference number:
Asylum Support Tribunal decision of Judge Storey on 24 October 2001.
Tribunal has power to decide its own jurisdiction – R v Immigration Appeal Tribunal ex parte Lokko  IMM AR 539 in relation to a right of appeal under Section 103 of the Immigration and Asylum Act 1999.
Stopping of support generates right of appeal and not when Secretary of State discontinues in writing. Policy Bulletin 17 is in breach of Article 6 rights.
Interpretation of Section 103 as to what constitutes a decision to discontinue asylum support.
Policy Bulletins 30 and 31 are to be interpreted in light of Article 8 of the ECHR.
Section 95 support – jurisdiction – interpretation of Section 103; breach of conditions under Regulation 20(1)(a), reasonable excuse for such breach.
Read the full decision in MC v SOS AS_0110 0986
Published: 8 February 2017
Decision date: 24 October 2001